QUEZON CITY – Batangas 2nd District Representative Gerville Luistro has flagged P10.4 million worth of confidential funds left unaccounted for by the Department of Education under then Secretary and Vice President Sara Duterte.
In a House Committee on Good Government and Public Accountability hearing on Tuesday, Luistro said the amount is part of the P15 million confidential funds supposedly allocated for youth leadership summits and information education campaigns.
The Batangas congresswoman said certifications provided to the Commission on Audit that show only P4.2 million has been liquidated, covering only one of four DepEd programs.
“Ang total expenditures po ng counterinsurgency program is only P4.050 million when the amount utilized is P15.540 million.
Mayroon pong nawawala P10.490 million.
Saan po kaya napunta itong deperensya ng nasabing amount,” she said.
The DepEd’s confidential funds were allocated for programs on counter-insurgency, abuse prevention and control within schools, anti-illegal activities operation and anti-extremism efforTS.
However, the COA confirmed to the lawmaker that the youth leadership summits and information education campaigns are under the DepEd’s counter-insurgency program, seeking to prevent the recruitment of teachers and studenTS.
“We considered the entirety since ang sabi naman po focused on protecting the schools and youth from physical harm, criminality and abuse.
So hindi na lang po sa counter-insurgency,” Atty.
Gloria Camora of the COA Intelligence and Confidential Funds Office said.
“The fund was used for payment of rewards po in relation to these four programs,” she added.
Luistro pointed out that expenditures on the three other programs remained unaccounted for.
She also questioned why the certifications that aimed to explain the P15.54 million disallowance lacked the necessary details.
COA said additional purposes are the youth leadership summits that include lectures on drug abuse and other crimes, but were not specific.
“Are you not particular about defining saang programa ito nakapaloob? How are you able to account for the expenditures if you are not even aware of where each DepEd’s activity falls under?,” Rep.
Luistro responded.
In a previous hearing, the Philippine Army said it did not receive nor use DepEd funds in conducting the youth leadership summiTS.
Camora said the supposed unaccounted funds were listed as “other purposes” in two certifications, but no specific amount was indicated in both.
Luistro urged COA to review its auditing so it can identify how much was spent on each specific program.
The Batangas congresswoman asked whether COA checked if the payment of rewards to informants is consistent with the location of the youth leadership summits and information education campaigns
“Yung location ng YLS or EIC is based on the certification po, these are the areas covered po ng activities.
On the other hand po yung payment of rewards, pwede pong nasa ibang lugar or address po niya yun.
We don’t inquire beyond that,” Camora responded.
“What is consistent with respect to their location is equivalent only to the amount of P4.2 million.
So there remains also an unexplained amount of P10.4 million,” Rep.
Luistro said.
MALVERSATION, BREACH OF PUBLIC TRUST?
Based on the findings during the House hearing, Luistro believes there is basis for charges of malversation of public funds and breach of public trust.
“So, where is this amount now? In conclusion, I wish to believe that the confidential fund of the Department of Education was not properly recorded at its best, or misspent or misappropriated at its worst,” she said.
“It is the humble submission of this representation that there is a prima facie case of malversation and, in addition an apparent case of breach of public trust,” Luistro added.
The Batangas congresswoman cited the four elements of malversation: the individual is a public official, the person is in custody of the fund, the money is for a public purpose and the public official took, misappropriated or misused the funds.
“Malversation can be done intentionally.
We call it ‘dolo’, which is with criminal intent.
And it can be done as well by negligence.
We call it ‘culpa’ or by negligence.
In other words, with or without criminal intent,” Luistro explained.
“If the four elements are present, which I believe they are, there is prima facie case of malversation.
With respect to the breach of public trust, this is violation of public’s confidence in a public officer’s ability to serve with integrity, impartiality and in accordance with law,” she added.
The House panel’s chairperson Manila Rep.
Joel Chua earlier said the potential misuse of funds, particularly graft and corruption and betrayal of public trust, could be grounds for Duterte’s impeachment.
The Office of the Vice President has yet to issue comment on the issue.
Duterte earlier denied alleged misuse of the agency’s confidential funds.
